Lawyer argues Calgary woman didn’t hit Stelmach with pie, so charge is wrong

A political activist can’t be convicted of assaulting Premier Ed Stelmach’s guard with a pie because her intended target was the premier himself, her lawyer argued Wednesday.

CALGARY — A political activist can’t be convicted of assaulting Premier Ed Stelmach’s guard with a pie because her intended target was the premier himself, her lawyer argued Wednesday.

Defence counsel Mark Takada said Lily Phan should never have been charged with attacking Sheriff Hady Hammoud with pie filling because he wasn’t her mark.

“She’s guilty of an attempted assault on Mr. Stelmach, that’s the appropriate resolution, the appropriate charge in this case,” Takada told provincial court Judge Bill Cummings.

“You charge them with the appropriate charge,” said Takada, arguing for an acquittal against his client.

“It . . . does not make sense to convict a person of something they did not intend to do.”

But acting chief Crown prosecutor Lloyd Robertson said Phan should be found guilty of all five charges she faces in an incident at the premier’s Stampede breakfast in 2007.

Phan is accused of assaulting a peace officer, common assault, assault to resist arrest, mischief and causing a disturbance.

She was arrested July 9, 2007, after lunging at Stelmach with a fistful of chocolate cream filling as the premier flipped pancakes at his annual Stampede party. He was untouched by the creamy filling.

Robertson told Cummings the concept of transferred intent — in which you are guilty of assaulting one person if you intended to assault another — is well-established law.

He also said Phan was guilty of causing a disturbance by screaming as she was being taken down after her lunge at the premier, and of mischief for disrupting the breakfast.

But Takada said his client simply yelled, “it’s a pie, not a bomb” to avoid being roughed up during her arrest.

Cummings will hand down a verdict on June 26.

Just Posted

‘My nightmare began again’: Close call as bus carrying Humboldt crash survivor rear-ended

CALGARY — A terrifying ordeal for Humboldt Broncos survivor Ryan Straschnitzki this… Continue reading

Annual pace of housing starts picked up in November, tops expectations

OTTAWA — Canada Mortgage and Housing Corp. says the annual pace of… Continue reading

China pressures US, Canada ahead of Huawei hearing

BEIJING — China raised the pressure on the United States and Canada… Continue reading

Equalization formula a hot topic as finance ministers meet

OTTAWA — For the first time in a decade Ontario will not… Continue reading

Canada Post backlog, Greyhound exit creating headaches ahead of the holidays

Jennifer Critch hopes to spend Christmas morning watching her two young daughters… Continue reading

WATCH: Red Deer and District Kennel Club Dog Show at Westerner Park

The Red Deer and District Kennel Club is holding a dog show… Continue reading

Orlando SC acquires Canadian Tesho Akindele in trade with FC Dallas for cash

ORLANDO, Fla. — Canadian forward Tesho Akindele was traded to Orlando City… Continue reading

Koskinen notches third shutout, McDavid gets winner as Oilers blank Flames 1-0

EDMONTON — The Edmonton Oilers appear to have shored up their defence… Continue reading

Beyonce performs at pre-wedding party in India

Beyonce brought her star power to a pre-wedding party for the daughter… Continue reading

Kirk Douglas celebrates 102nd birthday

LOS ANGELES — Actor Kirk Douglas got to celebrate his 102nd birthday… Continue reading

Ellen Page steps up attack on Nova Scotia pulp mill’s effluent pipeline

HALIFAX — Hollywood actor Ellen Page is doubling down on her criticism… Continue reading

Pence aide out of running to be Trump’s next chief of staff

WASHINGTON — President Donald Trump’s top pick to replace chief of staff… Continue reading

Swath of South faces wintry mess: Snow, sleet, freezing rain

CHARLOTTE, N.C. — A massive storm brought snow, sleet, and freezing rain… Continue reading

‘I killed my best friend’: Opioids’ fatal grip on mayor, pal

MOUNT CARBON, Pa. — Janel Firestone found her son — the 24-year-old,… Continue reading

Most Read